NATIONAL INSURANCE COMPANY LTD. versus KUSUMA AND ANR.
Neither the Tribunal nor the High Court applied any guiding principle for determination of compensation for the loss of a still born child or for pain and suffering, but given the elapsed time since the accident, the Supreme Court declined to interfere with the High Court's judgment out of fairness.
Source-derived case information.
- Parties
- Appellant: National Insurance Company Ltd.; Respondent: Kusuma; Respondent: Karnataka State Road Transport Corporation
- Jurisdiction
- India
- Judgment Date
- 23 August 2011
- Procedural Posture
- Civil Appeal / Supreme Court Decision on Appeal From High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Quantum of Compensation, Loss of Foetus, Just Compensation, Assessment of Damages
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Insurance Company Ltd.
Appellant
Kusuma
Respondent
Karnataka State Road Transport Corporation
Respondent
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Legal Issues
- 1 Whether quantum of compensation determined by the High Court for loss of foetus and pain and suffering warrants interference by the Supreme Court
Ratio Decidendi
Neither the Tribunal nor the High Court applied any guiding principle for determination of compensation for the loss of a still born child or for pain and suffering, but given the elapsed time since the accident, the Supreme Court declined to interfere with the High Court's judgment out of fairness.
Court Disposition
Appeal dismissed
Orders
- Supreme Court refrains from interfering with the judgment of the High Court and dismisses the appeal with no order as to costs.
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